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Courts and procedure · For advocates

Stay order broken? Use Rule 2(3).

In short

Under Order XXXIX Rule 2(3) CPC the court can attach his property and detain him for up to six months, and courts have restored possession taken in breach. Prove service first.

By the FAI Legal editorial desk · 10 October 2026 · 11 slides · 2 min read

  1. For advocates · Order XXXIX Rule 2(3) CPC. Stay order broken? Use Rule 2(3).
  2. The rule. · Order XXXIX, Rule 2(3) and (4), CPC. · Code of Civil Procedure, 1908 · Order XXXIX, Rule 2(3)
  3. What the court can do. · Rules 2(3) and 2(4). · Attach · Detain · Sell
  4. Quick quiz. Never served. · Guess first, then swipe for the answer. · A. Yes, the order exists · B. Not without knowledge of it · C. Only if the High Court says so
  5. Answer: B. Knowledge first. · Prove service. · 2017 CLC 941 · 2020 YLR 1413
  6. Undo the breach. · Status quo ante. · 2017 CLC 941 · 2024 CLC 1720 · 2024 CLC 1081
  7. Myth or fact? · The punishment question. · Myth: Any breach, however small, means jail. · Fact: Contempt needs disobedience that is clear, deliberate and wilful. Mere allegations are not enough (2025 MLD 1716, Lahore High Court, Art.204).
  8. Watch the clock. · Is your order still alive? · Ex parte · After hearing
  9. Build the file. · Three steps before the hearing. · Proof of service · Spot report · Apply under R.2(3)
  10. Draft it with FAI. · Ask FAI in your own words. It answers with the exact rule and the leading judgments. · Cases on restoring possession after breach of a status quo order. · Draft an application under Order XXXIX Rule 2(3) CPC.
  11. Follow FAI Legal on Instagram, @fai_legal. Has an order you won ever been ignored?

The rule.

Order XXXIX, Rule 2(3) and (4), CPC.

“In case of disobedience, or of breach of any such terms, the Court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in prison for a term not exceeding six months, unless in the meantime the Court directs his release.”

Code of Civil Procedure, 1908 · Order XXXIX, Rule 2(3), Disobedience of an injunction

What the court can do.

Rules 2(3) and 2(4).

  • AttachThe property of the person in breach.
  • DetainIn prison, up to six months.
  • SellAttachment lasts one year. If the breach continues, the property may be sold and compensation paid.

Quick quiz. Never served.

Guess first, then swipe for the answer.

  • A. Yes, the order exists
  • B. Not without knowledge of it
  • C. Only if the High Court says so

Answer: B. Knowledge first.

Prove service.

  • 2017 CLC 941An injunction is not operative until served. Knowledge must be decided before possession is restored (Islamabad High Court).
  • 2020 YLR 1413Operative the moment it is served and he is made aware. The applicant must prove service.

Undo the breach.

Status quo ante.

  • 2017 CLC 941The court that granted the injunction may restore possession taken in breach of it.
  • 2024 CLC 1720Construction confirmed by the bailiff's report: the suit property was sealed (Islamabad).
  • 2024 CLC 1081Possession restored where an ad-interim order was in the field (Sindh).

Myth or fact?

The punishment question.

  • Myth: Any breach, however small, means jail.
  • Fact: Contempt needs disobedience that is clear, deliberate and wilful. Mere allegations are not enough (2025 MLD 1716, Lahore High Court, Art.204).

Watch the clock.

Is your order still alive?

  • Ex parteAn interim injunction in the defendant's absence: not ordinarily beyond 15 days (R.2(2A)).
  • After hearingLapses after six months unless extended with recorded reasons (R.2(2B)).

Build the file.

Three steps before the hearing.

  • Proof of serviceShow the order reached the other side.
  • Spot reportBailiff or local commission on the breach.
  • Apply under R.2(3)Pray for attachment and restoration of status quo ante.

Draft it with FAI.

Ask FAI in your own words. It answers with the exact rule and the leading judgments.

  • Cases on restoring possession after breach of a status quo order.
  • Draft an application under Order XXXIX Rule 2(3) CPC.

Example questions

What this does not mean

  • An injunction is not operative until it is served, so knowledge must be decided before possession is restored (2017 CLC 941).
  • Not every breach means jail. Contempt needs disobedience that is clear, deliberate and wilful, and mere allegations are not enough (2025 MLD 1716).
  • Check the order is still alive: an ex parte interim injunction is ordinarily not beyond 15 days, and one granted after hearing lapses after six months unless extended with recorded reasons.

Questions people ask

What happens if someone violates a stay order in Pakistan?

Under Order XXXIX Rule 2(3) CPC, the court can order the property of the person in breach to be attached and detain him in prison for up to six months.

Can the court restore possession taken in breach of a stay order?

Yes. The court that granted the injunction may restore possession taken in breach of it (2017 CLC 941), and possession was restored where an ad-interim order was in the field (2024 CLC 1081).

Is a stay order binding if it was never served?

Courts have held it is operative once served and the person is made aware of it. The applicant must prove service (2020 YLR 1413).

How long does attachment last for breach of a stay order?

Attachment lasts one year. If the breach continues, the property may be sold and compensation paid (Rule 2(4)).

What do I need to file for breach of a stay order?

Proof that the order reached the other side, a bailiff or local commission report on the breach, and an application under Rule 2(3) praying for attachment and restoration of status quo ante.

Sources

  • Code of Civil Procedure, 1908 · Order XXXIX, Rule 2(3)
    Disobedience of an injunction Pakistan Code

Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.

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